Summary: The Ombudsman cannot investigate Mrs B’s complaint about the Council’s lack of support and communication regarding her having regular contact with her grandson, Mr C. This is because matters are currently being considered by the Court of Protection who will decide on contact arrangements.

The complaint

1. Mrs B says the Council should support her to have contact with her grandson Mr C, who lives with his father. Mrs B says Mr C’s father is financially abusing him and says the Council has failed to properly communicate with her and support her to see Mr C on a regular basis.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

3. I considered the information Mrs B and the Council provided. I sent Mrs B a copy of my draft decision and discussed her comments on it with her.

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What I found

4. Mrs B is unhappy with the level of support she received from the Council regarding her difficulties with contact with Mr C.
5. The Council explained its role regarding the difficulties in communication between her and Mr C’s father and advised it cannot mediate between them.
6. The Court of Protection is now considering Mr C’s care and support needs, where he lives and contact with others. The court will decide these matters and Mrs B can ask it to consider her views about her contact arrangements with Mr C and any concerns she has about his finances. The Ombudsman cannot investigate matters which are currently being considered by a court.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because the matters complained of are being considered by a court.

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Investigator's decision on behalf of the Ombudsman